Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998 (Cth)

AUSTRALIAN COMMUNICATIONS AUTHORITY

Telecommunications Act 1997

Telecommunications (Provision of Pre-selection for Specified Carriage Services)   Determination 1998

The AUSTRALIAN COMMUNICATIONS AUTHORITY, having consulted the Australian Competition and Consumer Commission, makes this determination under subsection 349(2) of the Telecommunications Act 1997.

Dated    21 December  1998

A.J SHAW

Chairman

R HORTON

Deputy Chairman

Australian Communications Authority

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Australian Communications Authority

Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998

made under the

Telecommunications Act 1997

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Contents

Part 1                Preliminary  Page

1      Name of determination   2

2      Commencement   2

3      Definitions   2

Part 2                Requirement to provide pre-selection

4      Application   3

5      Requirement to provide pre-selection  -  carriers              4

6      Requirement to provide pre-selection  -  carriage

service providers   4

7      Records   4

8      Technical quality of pre-selection   5

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Part 1Preliminary

1. Name of determination

This determination is the Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998.

1. Commencement

This determination commences on 1 July 1999.

1. Definitions

(1)   In this determination:

Act means the Telecommunications Act 1997.

Note 1:  The following expressions used in this determination are defined in the Act ( see sections 7, 350 and 353):

·ACA;

·carrier;

·carriage service;

·carriage service provider;

·controlled facility;

·controlled network;

·end-user;

·numbering plan;

·over-ride dial codes;

·public mobile telecommunications service;

·standard telephone service.

Note 2:  The following expressions used in this determination are defined in the numbering plan made by the ACA under subsection 455(1) of the Act:

·geographic number;

·international direct dial service;

·international service;

·geographic number;

·local number;

·operator service;

·ring back price service.

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(2)   A reference in this determination to specified carriage services means a call from a standard telephone service (other than a call that originates on a public mobile telecommunications service) to:

(a)a geographic number or local number that is not a local call;

(b)an international direct dial service;

(c)an operator service for which the numbering plan specifies the use of a shared selectable number;

(d)a carriage service that is both a ring back price service and an international service; and

(e)a public mobile telecommunications service.

Note:  To avoid any doubt, the specified carriage services listed in this determination include all of the “pre-selectable services” listed in the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 so that the cumulative requirement imposed on carriers and carriage service providers is to ensure that their controlled networks and controlled facilities permit an end-user to pre-select a carriage service provider as his or her preferred service provider relates to a single group of carriage services.

(3)   A reference in this determination to a local call has the same meaning as eligible local calls in the Act except that such calls are not limited to an eligible customer who is a residential/charity customer.

Note:Eligible local calls is defined in section 225 of the Act.

Eligible customer is defined in section 229 of the Act.

Residential/charity customer is defined in subsection 225(4) of the Act.

Part 2Requirement to provide pre-selection

1. Application

This determination applies to a carrier or carriage service provider who supplies specified carriage services.

Note:  Under section 352 of the Act, the ACA may declare that a specified carrier or carriage service provider is exempt from a requirement imposed by this determination.

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1. Requirement to provider pre-selection  -  carriers

(1)   The controlled networks and controlled facilities of a carrier must permit an end-user to:

(a)   pre-select a carriage service provider as the end-user’s preferred carriage service provider for calls made using specified carriage services; and

(b)   change that pre-selection from time to time by written request.

(2)   The controlled networks and controlled facilities of a carrier must provide over-ride dial codes to be used by an end-user for selecting alternative carriage service providers on a call-by-call basis for calls made using specified carriage services.

1. Requirement to provide pre-selection  -  carriage service providers

(1)   The controlled networks and controlled facilities of a carriage service provider must permit an end-user to:

(a)   pre-select another carriage service provider as the end-user’s preferred carriage service provider for calls made using specified carriage services; and

(b)   change that pre-selection from time to time by written request.

(2)   The controlled networks and controlled facilities of a carriage service provider must provide over-ride dial codes to be used by an end-user for selecting alternative carriage service providers on a call-by-call basis for calls made using specified carriage services.

1. Records

A carrier or carriage service provider who is required to provide pre-selection under section 5 or 6 (access service deliverer) must keep a written record of any terms and conditions agreed to by the person under subsection 351(2) of the Act.

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1. Technical quality of pre-selection

(1)   An access service deliverer must take all reasonable steps to ensure that the quality of carriage services it supplies to the carriage service provider mentioned in paragraph 5(1)(a) or 6(1)(a) for specified carriage services is equivalent in all respects to the quality of carriage services it supplies to any other carriage service provider (including itself) for specified carriage services.

(2)   The quality of carriage services supplied for pre-selection services in subsection (1) shall be measured by the following criteria:

(a)   technical and operational quality;

(b)   fault detection;

(c)   handling and rectification of faults;

(d)   maintenance.

Australian Communications Authority

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